hi guys,
i've been wanting to buy a phone from kogan but i'm worried about the warranty/extended warranty, as there are a few odd clauses in the terms and conditions, here's the link:
http://www.kogan.com/au/warranty-terms-and-conditions/.
Warning: LONG READ ahead. Any lawyers/law students want to comment? Haven't had a chance to read other grey importers' warranty terms and conditions yet. [i.e mobicity, etc.
These Terms and Conditions constitute a contract between the customer (you) and each of Kogan Australia Pty Ltd ABN 53 152 570 351 ("Kogan Australia") and Kogan HK Limited (Company Registration Number: 1659337) registered in Hong Kong ("Kogan HK") (Kogan Australia and Kogan HK are collectively referred to as "Kogan").
-[lol what? we are kogan. you will be assimilated.] - ignore if not into star trek
Some Products You Order on the Website are offered and supplied by Kogan Australia, and some Products You Order are offered and supplied by Kogan HK. Please read the Website Terms and Conditions for further information.
-[which directs you to the exact same page on the website]
It is important to note that Kogan Australia supplies and supports all warranties relating to Products which are noted as being offered and supplied by Kogan Australia ("Kogan Products").
Kogan HK supplies and supports all warranties relating to Products which are noted as being offered and supplied by Kogan HK ("Other Products").
Unless otherwise specified, Kogan Products generally carry the brand "Kogan" or are associated ancillary items such as cables, cabinets, keyboards and wall mounts, and Other Products carry brands other than "Kogan" – these may include, but are not limited to, Products which carry the following brands, "Canon", "Nikon", "Apple", "Samsung", "BlackBerry", "Motorola", "HTC" and "ASUS", and associated ancillary items such as SD cards and cables.
-[i.e. Kogan branded products' warranties are supported by Kogan Australia, and "Other Products", which are other brands, have warranties supported by Kogan HK. I'd personally prefer Kogan Australia handling the warranty process].
The Product will be at the Customer's risk while in transit to and from the Kogan Authorised Repair Centre.
- [?? Why??]
To any incidence of defective pixels (i.e. dead or stuck pixels) that arise for LCD TVs and Digital Photo Frames, except as determined by Kogan to denote an LCD panel fault (and except as covered by the Website Terms and Conditions). For more information on stuck and dead pixels, please see our Televisions FAQ →
THIS: Insofar as they apply to warranties relating to Other Products supplied by Kogan HK, these Standard and Extended Warranty Terms and Conditions are governed by and must be construed according to the law of Hong Kong and the parties submit to the jurisdiction of the courts of Hong Kong.
VS.
THIS: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
- [which law applies in case of the warranty/extended warranty]?
Honestly, IMHO for a big ticket item with a range of potential issues like a high end phone you should just go for local Aussie stock…forget the dropshippers. Just my $0.02! ;)